In California’s complex landscape of gun control laws, Penal Code Section 29860 stands out as a provision designed to offer a measure of fairness to individuals caught in the web of evolving firearm restrictions. This section allows certain people prohibited from owning firearms due to misdemeanor convictions to petition for relief—but only under specific circumstances. As gun laws continue to tighten in the Golden State, understanding Section 29860 is crucial for those seeking to restore their Second Amendment rights. This article explores the purpose, process, and implications of this law, while also providing a detailed list of when each prohibiting offense was added to the related Penal Code Section 29805.
Enacted as part of a broader recodification of California’s firearms laws in 2010 (effective January 1, 2012), Penal Code Section 29860 addresses a unique situation: what happens when a misdemeanor offense is retroactively added to the list of crimes that prohibit firearm possession? Under Penal Code Section 29805, individuals convicted of specific misdemeanors are barred from owning, possessing, purchasing, or receiving firearms for 10 years (or longer in some cases, like lifetime bans for certain domestic violence convictions post-2019). However, if the conviction occurred before the offense was included in Section 29805, Section 29860 provides a one-time opportunity to petition the court for relief.
The law is rooted in principles of due process and fairness. When lawmakers expand the list of prohibiting misdemeanors—often in response to public safety concerns or high-profile incidents—individuals convicted years earlier might suddenly find themselves stripped of rights without prior notice. Section 29860 acts as a safety valve, allowing courts to evaluate whether such individuals pose a current risk.
Success often hinges on demonstrating rehabilitation, such as a clean record post-conviction, character references, or completion of anger management programs. If granted, relief can fully lift the ban, impose conditions (e.g., limited to certain firearms), or modify it in other ways.
Section 29860 is inextricably linked to Section 29805, which lists over 50 misdemeanors (as of 2025) that trigger firearm bans. These range from violent acts like assault and threats to firearm-specific violations like negligent discharge or improper storage. The list has grown over time through legislative amendments, reflecting California’s continued push to narrow the Second Amendment.
For instance, following incidents of workplace violence and stalking, Senate Bill 755 (2013) expanded the list to include threats against public officials and stalking. More recently, Assembly Bill 3129 (2018) shifted domestic violence convictions to lifetime bans for post-2019 offenses, aligning with federal law. In 2024, Senate Bill 902 added animal cruelty, effective January 1, 2025, amid concerns about links between animal abuse and human violence.
These expansions underscore why Section 29860 exists: to prevent unfair retroactive application. If convicted before an offense’s addition date, individuals can argue they couldn’t have foreseen the firearm ban as a consequence.
Below is a comprehensive list of the misdemeanor offenses under Penal Code Section 29805, grouped by their effective addition dates. The core list was established on January 1, 2012, when Section 29805 took effect as part of a recodification (from former Penal Code Section 12021(c)(1)). Subsequent amendments added or modified offenses. Dates reflect when the offense became a prohibiting one under Section 29805 (or made subject to extended bans). Note that some offenses, like domestic violence (Section 273.5), were originally 10-year bans but later amended for lifetime restrictions post-specific dates.
| Addition Date | Offense (Penal Code Section or Description) | Notes on Amendment |
|---|---|---|
| January 1, 2012 | Section 148(d) – Removing or attempting to take a firearm from a public official or peace officer | Original recodification (Stats. 2010, Ch. 711). |
| January 1, 2012 | Section 148.5(f) – Knowingly filing a false firearm theft report | Original. |
| January 1, 2012 | Section 171b – Unauthorized possession of weapons in courtrooms or public meetings | Original. |
| January 1, 2012 | Section 171c(a)(1) – Bringing or possessing loaded guns in government buildings | Original. |
| January 1, 2012 | Section 171d – Possessing loaded firearms in homes of constitutional officers | Original. |
| January 1, 2012 | Section 186.28 – Supplying firearms to gangs | Original. |
| January 1, 2012 | Section 240 or 241 – Simple assault | Original. |
| January 1, 2012 | Section 242 or 243 – Battery (including domestic) | Original. |
| January 1, 2012 | Section 243.4 – Sexual battery | Original. |
| January 1, 2012 | Section 244.5 – Assault with a stun gun or taser | Original. |
| January 1, 2012 | Section 245 – Assault with a deadly weapon (non-firearm) | Original. |
| January 1, 2012 | Section 245.5 – Assault with a deadly weapon on school employees | Original. |
| January 1, 2012 | Section 246 – Shooting at inhabited dwellings or vehicles | Original. |
| January 1, 2012 | Section 246.3 – Grossly negligent discharge of a firearm | Original. |
| January 1, 2012 | Section 247 – Shooting at occupied vehicles or buildings | Original. |
| January 1, 2012 | Section 273.6 – Willful violation of a domestic violence protective order | Original. |
| January 1, 2012 | Section 417 – Brandishing a deadly weapon (non-firearm) | Original. |
| January 1, 2012 | Section 417(c) – Brandishing a firearm in presence of law enforcement | Original. |
| January 1, 2012 | Section 417(a)(2) – Multiple convictions for firearm brandishing | Original. |
| January 1, 2012 | Section 417.6 – Causing serious bodily injury through brandishing | Original. |
| January 1, 2012 | Section 422 – Making credible threats of serious harm | Original. |
| January 1, 2012 | Section 487 (if property taken was a firearm) – Firearm theft | Original. |
| January 1, 2012 | Section 626.9 – Bringing or possessing firearms on school grounds | Original. |
| January 1, 2012 | Section 830.95 – Carrying concealed or loaded firearms during picketing | Original. |
| January 1, 2012 | Section 17500 – Possessing a deadly weapon with intent to assault | Original. |
| January 1, 2012 | Section 17510 – Wearing a peace officer’s uniform while picketing | Original. |
| January 1, 2012 | Section 25300 – Criminal possession of a firearm | Original. |
| January 1, 2012 | Section 25800 – Armed criminal action | Original. |
| January 1, 2012 | Section 26100(b) or (d) – Discharging a firearm from a vehicle | Original. |
| January 1, 2012 | Section 27510 – Selling or transferring firearms to minors | Original. |
| January 1, 2012 | Section 27590(c) – Various firearm sales and transfer violations | Original. |
| January 1, 2012 | Section 30315 – Possessing armor-piercing ammunition | Original. |
| January 1, 2012 | Section 32625 – Unauthorized possession of a machine gun | Original. |
| January 1, 2012 | Welfare & Institutions Code § 8100 – Owning a firearm while undergoing mental health treatment | Original. |
| January 1, 2012 | Welfare & Institutions Code § 8101 – Providing firearms to prohibited people | Original. |
| January 1, 2012 | Welfare & Institutions Code § 8103 – Owning a firearm after being adjudicated mentally unfit | Original. |
| January 1, 2012 | Welfare & Institutions Code § 871.5 – Bringing firearm-related contraband into juvenile facilities | Original. |
| January 1, 2012 | Welfare & Institutions Code § 1001.5 – Bringing firearms into youth authority institutions | Original. |
| January 1, 2012 | Section 18205 – Owning or possessing firearms while on a Gun Violence Restraining Order | Original (related to GVRO laws). |
| January 1, 2014 | Section 71 – Threatening public officers, employees, or school officials | Added by SB 755 (2013). |
| January 1, 2014 | Section 76 – Threatening judges or certain public officers | Added by SB 755 (2013). |
| January 1, 2014 | Section 136.1 – Intimidating witnesses or victims | Added by SB 755 (2013). |
| January 1, 2014 | Section 136.5 – Possessing a deadly weapon to intimidate witnesses | Added by SB 755 (2013). |
| January 1, 2014 | Section 140 – Threatening witnesses, victims, or informants | Added by SB 755 (2013). |
| January 1, 2014 | Section 422.6 – Committing hate crimes through intimidation or threats | Added by SB 755 (2013). |
| January 1, 2014 | Section 646.9 – Stalking | Added by SB 755 (2013). |
| January 1, 2019 | Section 273.5 – Domestic violence (lifetime ban for post-2019 convictions) | Amended by AB 3129 (2018); previously 10-year ban. |
| January 1, 2020 | Section 25100 – Criminal storage of a firearm (1st degree) | Added by AB 1968 (2018) or related; child access prevention. |
| January 1, 2020 | Section 25135 – Criminal storage of a firearm (2nd degree) | Added (child access). |
| January 1, 2020 | Section 25200 – Criminal storage of a firearm (3rd degree) | Added (child access). |
| January 1, 2023 | Section 273a – Child abuse/endangerment | Added by AB 485 (2022) or similar. |
| January 1, 2023 | Section 368(b) or (c) – Elder or dependent adult abuse | Added (elder abuse). |
| January 1, 2023 | Section 29180(e) or (f) – Ghost gun/undetectable firearm violations | Added (firearm precursor parts). |
| January 1, 2024 | Misdemeanor violation of Section 29805 (recidivist) | Added by SB 2 (2023) or related; for repeat offenders. |
| January 1, 2024 | Section 25400(c)(5-7) – Certain concealed carry violations | Added (specific carry in vehicles). |
| January 1, 2024 | Section 25850(c)(5-7) – Certain loaded firearm carry violations | Added. |
| January 1, 2024 | Section 26350(a) – Open carry of unloaded handgun | Added. |
| January 1, 2024 | Section 26400(a) – Open carry of unloaded firearm | Added. |
| January 1, 2025 | Section 597(a) – Animal cruelty | Added by SB 902 (2024). |
Sources: California Legislative Information (leginfo.legislature.ca.gov), Justia Law, and analyses from bills like SB 755, AB 3129, and SB 902. Some dates for 2020-2024 additions are based on subsection effective dates in the current code; exact bills may vary for minor expansions.
Section 29860 highlights the tension between public safety and individual rights in California. With the list under Section 29805 continuing to expand—most recently with animal cruelty in 2025—more individuals may qualify for relief petitions. However, navigating this process requires legal expertise, as denials are common without strong evidence of rehabilitation.
If you’re affected, contact us at 866-545-4867 or via e-mail at [email protected]. Relief under 29860 can restore rights, but federal prohibitions (e.g., under 18 U.S.C. § 922(g)) may still apply independently. As California’s gun laws evolve, staying informed is key to protecting your rights.
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